US capital punishment for crimes committed by minors.

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Jonatan
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In the US a few people have been charged with the death penalty for crimes they commited before they were 18 years old. These peopel were charged in front of court after they became 18, but the crimes were comitted before that age. This is unacceptable. The UN convention on Civil and Political rights (as signed by the United states of America) states the following in Part III, article 6. point 5:

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

Furthermore Article 5 in Part II states:

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Surely the US has violated this charter in sentencing people to death for crimes commited when they were bellow 18 years old.

Source:
http://www.hrweb.org/legal/cpr.html#Article%2024
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tkfmbp
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Ahh Jonatan,

you have merely forgotten the fact that America is allowed to do what it likes in terms of world politics, because they always think they are right.

I'll bet you anything that if Abu Hamza if extradited to the US he will be executed. This is almost guarenteed, although in contravention of the US/UK extradition treaty.
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randdom
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(Original post by Jonatan)
In the US a few people have been charged with the death penalty for crimes they commited before they were 18 years old. These peopel were charged in front of court after they became 18, but the crimes were comitted before that age. This is unacceptable. The UN convention on Civil and Political rights (as signed by the United states of America) states the following in Part III, article 6. point 5:

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

Furthermore Article 5 in Part II states:

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Surely the US has violated this charter in sentencing people to death for crimes commited when they were bellow 18 years old.

Source:
http://www.hrweb.org/legal/cpr.html#Article%2024
That is really awfull
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an Siarach
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(Original post by Jonatan)
In the US a few people have been charged with the death penalty for crimes they commited before they were 18 years old. These peopel were charged in front of court after they became 18, but the crimes were comitted before that age. This is unacceptable. The UN convention on Civil and Political rights (as signed by the United states of America) states the following in Part III, article 6. point 5:

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

Furthermore Article 5 in Part II states:

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Surely the US has violated this charter in sentencing people to death for crimes commited when they were bellow 18 years old.

Source:
http://www.hrweb.org/legal/cpr.html#Article%2024
Even bearing in mind american standards on execution im surprised they actually go through with things like that.
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tkfmbp
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(Original post by randdom)
That is really awfull
but isn't it almost expected ? We half expect America to violate any convention it has made wrt world politics after Camp Delta/X-ray.

Just in the same way that we almost expect France and Germany to violate any practical policy decision or charter wrt EU politics.
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Jonatan
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(Original post by an Siarach)
Even bearing in mind american standards on execution im surprised they actually go through with things like that.
Im not certain if anyone has actually been executed yet, but I do know that some were sentenced to capital punishment.
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Jonatan
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(Original post by tkfmbp)
but isn't it almost expected ? We half expect America to violate any convention it has made wrt world politics after Camp Delta/X-ray.

Just in the same way that we almost expect France and Germany to violate any practical policy decision or charter wrt EU politics.
Id expect the US to violate some human rights, but something as fundamental as capital punishment for crimes comitted as minors? I must honestly say I did not see that one comming. You would expect more from the country were civil and political rights have had such a great stronghold.
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an Siarach
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(Original post by Jonatan)
Im not certain if anyone has actually been executed yet, but I do know that some were sentenced to capital punishment.
Ive known for quite some time that there were several sentenced to death but likewise i dont think theyve been executed yet. Do you have any idea what the levels of protest are in america against this practice?
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tkfmbp
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(Original post by an Siarach)
Even bearing in mind american standards on execution im surprised they actually go through with things like that.
I'm not surprised at all. When it comes to the treatment of the people, America has very few standards at all. The burden of proof in America is very low, even in the case of capital offences. The methods of execution can be very very harsh (electric chair) and this will stay the same because there is a lot of support in America, and i hope i'm not generalising here, in the Southern and Mid-western states for the whole "convict 'em kill 'em" mentality.
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Jonatan
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(Original post by tkfmbp)
I'm not surprised at all. When it comes to the treatment of the people, America has very few standards at all. The burden of proof in America is very low, even in the case of capital offences. The methods of execution can be very very harsh (electric chair) and this will stay the same because there is a lot of support in America, and i hope i'm not generalising here, in the Southern and Mid-western states for the whole "convict 'em kill 'em" mentality.
Actually the US has quite substancial standards Just look at the ammounts paid out after court rules when some company has produced a good which was dangerous in some way (Coffee being to hot). The thing is that not always are these rights and standards respected. This is the main problem in the US. Technically the laws and rights are there, they are however often violated and unfortunately little has been done with this.
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tkfmbp
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(Original post by an Siarach)
. Do you have any idea what the levels of protest are in america against this practice?
I don't really think that many Americans know whats going on, and if they do i think that it is certainly very difficult for them to be heard since there is so much clamour over executions, with live TV shows from outside the jail and what have you.

the one thing i do know is that there have been minors executed, although i don't know if it was since the time of the implementation of the UN charter.
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tkfmbp
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take a look at: http://www.cnn.com/2002/LAW/08/29/scotus.death.penalty/

From another website i found the quote "In 1988, the U.S. Supreme Court forbade executions for those who had killed at age 15 or younger. A year later, the high court ruled 5-4 that killers who were 16 and 17 could be put to death. In a separate decision, it allowed the execution of people with mental disabilities. "

Futhermore, visiting http://www.washtimes.com/national/20...5849-9637r.htm and http://speakout.com/activism/issue_briefs/1165b-1.html can give more info if you require.
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Sam2k
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(Original post by Jonatan)
In the US a few people have been charged with the death penalty for crimes they commited before they were 18 years old. These peopel were charged in front of court after they became 18, but the crimes were comitted before that age. This is unacceptable. The UN convention on Civil and Political rights (as signed by the United states of America) states the following in Part III, article 6. point 5:

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

Furthermore Article 5 in Part II states:

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Surely the US has violated this charter in sentencing people to death for crimes commited when they were bellow 18 years old.

Source:
http://www.hrweb.org/legal/cpr.html#Article%2024
The Constitution is, as ammended, the supreme law of the land. Should the constitution be in conflict with any other document the constitution wins. The laws that allow a minor to be executed are upheld by the constitution and thus are done our way, not yours.
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randdom
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(Original post by moncal)
The Constitution is, as ammended, the supreme law of the land. Should the constitution be in conflict with any other document the constitution wins. The laws that allow a minor to be executed are upheld by the constitution and thus are done our way, not yours.
So you think it is ok for a minor to be executed?
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Amb1
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(Original post by Jonatan)
Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
Do they wait until she's had the baby and then execute her??
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NDGAARONDI
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(Original post by tkfmbp)
take a look at: http://www.cnn.com/2002/LAW/08/29/scotus.death.penalty/

From another website i found the quote "In 1988, the U.S. Supreme Court forbade executions for those who had killed at age 15 or younger. A year later, the high court ruled 5-4 that killers who were 16 and 17 could be put to death. In a separate decision, it allowed the execution of people with mental disabilities. "

Futhermore, visiting http://www.washtimes.com/national/20...5849-9637r.htm and http://speakout.com/activism/issue_briefs/1165b-1.html can give more info if you require.
They execute more kiddies than China, who have recently upped it to 18 to meet international standards. Even Iran is upping it. If USA can't do the same what has this got to say? And you hear about freedom and all that tripe from JFK and so on.

Countries like Iraq and Kuwait will probably abolish the death penalty before USA.

Now you know who's the biggest child abuser of them all.
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NDGAARONDI
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(Original post by moncal)
The Constitution is, as ammended, the supreme law of the land. Should the constitution be in conflict with any other document the constitution wins. The laws that allow a minor to be executed are upheld by the constitution and thus are done our way, not yours.
Apparently racial hatred is also upheld in your constitution. Yahoo!
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john !!
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(Original post by Jonatan)
In the US a few people have been charged with the death penalty for crimes they commited before they were 18 years old. These peopel were charged in front of court after they became 18, but the crimes were comitted before that age. This is unacceptable. The UN convention on Civil and Political rights (as signed by the United states of America) states the following in Part III, article 6. point 5:

Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

Furthermore Article 5 in Part II states:

There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Surely the US has violated this charter in sentencing people to death for crimes commited when they were bellow 18 years old.

Source:
http://www.hrweb.org/legal/cpr.html#Article%2024
Pretty solid argument... there's no debating it really if they signed this and they have still sentenced people who commited crimes when they are under 18 to death. Do you have any records of this happening though ?
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NDGAARONDI
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(Original post by mik1a)
Pretty solid argument... there's no debating it really if they signed this and they have still sentenced people who commited crimes when they are under 18 to death. Do you have any records of this happening though ?
Amnesty International?
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Sam2k
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(Original post by randdom)
So you think it is ok for a minor to be executed?
Minors aren't executed. Usually they are out of prison before they are 18. A minor can be tried as an adult with the death penalty possible if it is decided that they knew full and well what they were doing. Death roll can last as long as 25 years.
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